Impaired Driving Law

It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle.

Drivers with any amount of a Schedule 1 narcotic--such as marijuana, GHB, or heroin--are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment.

Costs and Consequences of a Drunk Driving Conviction

If BAC is below .17 and this is a first offense:

Up to $500 fine

Up to 93 days in jail

Up to 360 hours of community service

Up to 180 days license suspension

6 points on a driver's license

If BAC is .17 or higher and this is a first offense:

Up to $700 fine

Up to 180 days in jail

Up to 360 hours of community service

Up to one year license suspension

6 points on a driver's license

Mandatory completion of an alcohol treatment program

Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver's license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.

Anyone who refuses a breath test the first time is given an automatic one-year driver's license suspension. For a second refusal within seven years, the suspension is two years.

Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

Safer Alternatives

Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest: